HomeMy WebLinkAboutTB-03/14/1978 MAR 1`4 1978
SOUTHOLD TOWN BOARD
March 14, 1978
A regular meeting of the Southold Town Board was held on Tuesday,
March 14, 1978 at the Southold Town Hall, Main Road, Southold, New
York. Deputy Supervisor James Homan opened the meeting at 3:00 P.M.
with the following present:
Deputy Supervisor James Homan
Justice Martin Suter _
Justice Francis T . Doyen
Councilman Henry W. Drum
Councilman William R. Pell III
Town Clerk Judith T . Terry
Town Attorney Robert W. Tasker
Absent: Supervisor Albert M. Martocchia
On motion of Justice Suter, seconded by Councilman Drum, it was
RESOLVED that the minutes of the February 23, 1978 meeting of the
Southold Town Board be and hereby are approved as submitted.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Deputy Supervisor Homan, Justice Doyen, Justice Suter. Absent:
Supervisor Martocchia.
This resolution was declared adopted.
On motion of Justice Doyen, seconded by Councilman Pell, it was
RESOLVED that the next regular meeting of the Southold Town Board
will be held at 3:00 P.M. , Tuesday, March 28, 1978 at the Southold
Town Hall, Main Road, Southold, New York.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Deputy Supervisor Homan, Justice Doyen, Justice Suter. Absent:
Supervisor Martocchia.
This resolution was declared adopted.
On motion of Councilman Drum, seconded by Justice Suter, it was
RESOLVED that the February 1978 reports of Justice Suter, Police
Department, Fishers Island Ferry District, Supervisor, Highway
Department, Dog Wardens, Trustees, Town Clerk and..Building Department,-
(Building Department report states 2 new dwellings-$4,6„000, 4
dwelling additions-620,95000 one business addition-$p3179005 total
estimates for the month $H8,�50. ) be and hereby are accepted and
ordered placed on file .
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Deputy Supervisor Homan, Justice Doyen, Justice Suter. Absent:
Supervisor Martocchia.
This resolution was declared adopted.
Deputy Supervisor Homan:
1. Notification from the Department of the Army, Corps of
Engineers relative to proposal to establish shipping safety -fairways
in the North Atlantic .
2. Receipt of a public notice from the Department of Environ-
mental Conservation, State of New York relative to application of
Cutchogue Fire District for permission to construct 6 new fire wells .
It has been determined this will have not significant effect upon the
environment . Comments on the application must be received by the
DEC' by March 17, 1978.
3. The Town has received the Flood Plain Maps from the Depart-
ment of Housing and Urban Development, Federal Insurance Administration.
The maps are being reviewed and sometime in the future they will adopt
a Flood Plain Ordinance . The Town Clerk has the maps on file in her
office .
4. Receipt of a notice from the Village of Greenport relative
to proposal Local Law No. 2 to amend Chapter 85, Article III, more
specifically, WC Waterfront Commercial District Use Regulation,
45S v :1AR 1 4r �978
Section 85-10A(2) of the Code of the Village of Greenport .--This
has to do with length of ferries .
5. Receipt of a bulletin from the Coast Guard, Boating Safety
Division, stating that anyone planning to hold a marine event must
notify the Coast Guard at least 30 days prior to the event.
6. Notice from the NYS Department of Environmental Conservation
relative to application of Michael A. LoGrande for permission to
construct a surner cottage 24, x 44' on slab placement of 400 yards
of clean fill at Goldsmith' s Inlet,--It is assumed the area described
is within jurisdiction of the DEC by virtue of elevation or distance
to the high water mark. Comments by March 29, 1978.
7. Notice from the Department of the Army, Corps of Engineers
relative to application of Port of Egypt Enterprises, Inc . , Main
Road, Southold requesting permission to maintain approximately 120
ft . of floating timber pier and to install an additional 300 ft . of
floating timber pier in the configuration and location shown on an
accompanying map. Objections by April 9, 1978. This notice is
being referred to the Town Trustees for appropriate comments to the
Corps of Engineers.
8. Receipt of census information from the Federal Revenue
Sharing, giving total resident population as of July 1 1975 at
18,815, total resident births of 189 between July 1, 1975 and
July 19 1976, total resident deaths of 231, net migration to the
area of 563, making a total population estimate of 19,3�36 on
July 1, 1976. The Board cannot verify the figures , but those are
the figures the FRS uses for establishing the amount of revenue
sharing the town will get.
9. Notice has been received from the State Insurance Fund
that the Town' s workman' s compensation policy went from $25,000
to $44,000. The Town immediately complained, thinking the amount
was rather high. They received a revised bill about five days later
stating the new figure is $34,000. However, this still amounts to
a $9,000.00 increase .
10. Receipt of a letter from Jerry and Beatrice Tuthill
thanking the Highway Department and Police Department for the ,
emergency assistance in getting them to Central Suffolk Hospital
during the height of the past snowstorm, and then being transported to
Southampton Hospital in time for the birth of their new daughter
Jacqueline Marie .
11. Communication from Assembly Minority Leader Perry B.
Duryea relative to proposed legislation he is considering concerning
a program that will provide between 5-million and 10-million dollars
a year for local flood control projects .
12. Letter from Greenman-Pedersen., Associates, P.C . relative
to grants applied for to build a highway arage , recreational
facilities and court house . The funding does not look too good at
this time ; at present Congress is so involved with the energy bill
and other legislation they don't know when they will take this
under consideration.
13 . Letter from Andrea Tillman, President of the Mattituck
Village Improvement Society expressing her concern over the removal
of a tree at Love Lane . Ms . Till-man was informed this is not an
ongoing program in the village of Mattituck to remove trees, and the
tree will be replaced.
14. Receipt of letters for summer jobs; Ted Beebe Jr. for
summer police job, and Lisa Bradley and Miss Clark, East Marion.
The resumes have been given to Highway Superintendent Dean inasmuch
as he runs the summer employment programs.
15. The Board received today a notice from the National
Sheriff ' s Association that the Town of Southold has been accepted
for police liability coverage .
On motion of Deputy Supervisor Homan, seconded by Justice Suter, it waa
RESOLVED that the Town Board of the Town of Southold approves, to
include Due From Other Government Agency A440 $1800.00, quarterly
payment, to pay CETA II employee and fringe benefits as of January 1,
1978.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Deputy Supervisor Homan, Justice Doyen, Justice Suter. Absent:
Supervisor Martocchia.
This resolution was declared duly adopted.
(Deputy Supervisor Homan explained that the reason for the f9 regoing
resolution is that the Town has been paying CETA people out?the
"'NAR A A=:1979 �CJt9
wrong account, so they have just been informed, and must adopt this
resolution to rectify the matter. It is not an expenditure of funds,
but rather a movement of funds within the town budget. )
On motion of Councilman Drum, seconded by Justice Suter, it was
RESOLVED that the following proclamation be adopted and ordered
placed in the two local newspapers:
19HEREAS: The American Red Cross has given round-the clock
service to our Military personnel wherever troops are stationed, at
home or abroad, standing by the world over, to assist them and their
dependants ; and
S,EMREAS the Red Cross stands ready to come immediately to the
aid of people stricken by floods, fire or storm and provides hospitals,
health agencies and physicians with whole blood and blood derivatives,
thus greatly contributing to the health of the American people ; and
WHEREAS: the Red Cross in the Town of Southold helps keep our
families safe and healthy through training in first aid, water safety
and home nursing;
NOW, THEREFORE, BE IT PROCLAIMED that the month of March
be known as "Red Cross Month" in the Town of Southold and I, Albert
M. Martocchia, Supervisor of the Town of Southold, urge all citizens
to join me in support of our Red Cross with our money, blood donations
and volunteer service .
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum)
Deputy Supervisor Homan, Justice Doyen, Justice Suter. Absent:
Supervisor Martocchia.
This resolution was declared duly adopted.
(Deputy Supervisor Homan stated that the next item on the agenda
pertains to an amendment to the Freedom of Information Law and its
regulations . It is being adopted to comply with State Laws . )
On motion of Justice Suter, seconded by Councilman Pell, it was
RESOLVED that the Town Board of the Town of Southold hereby adopts
the following !'RULES AND REGULATIONS RELATIVE TO PUBLIC ACCXSS
TO RECORDS OF THE TOWN OF SOUTHOLD; PURSUANT TO ARTICLE 6 OF THE
PUBLIC OFFICERS LAW: "
SECTION 1. Definitions .
The words and phrases used in these Rules and Regulations shall,
for the purpose hereof, have the meanings respectively ascribed to them
by Article 6 of the Public Officers Law.
SECTION 2. Access to Records.
Each Town agency shall, in accordance with these rules, make
available for public inspection and copying all records , except that
such agency may deny access to records or portions thereof that:
(a) are specifically exempted from disclosure by state
or federal statute ;
(b) if disclosed would constitute an unwarranted invasion of
personal privacy under the provisions of subdivision
two of section eighty-nine of the Public Officers Law.
(c) if disclosed would impair present or imminent contract
awards or collective bargaining negotiations ;
(d) are trade secrets or are maintained for the regu7,5t ion
of commercial enterprise which if disclosed would
cause substantial injury to the competitive position
of the subject enterprise ;
(e) are compiled for law enforcement purposes and which,
if disclosed, would
i
(1) interfere with law inforcement investigations
or judicial proceedings;
(2) deprive a person of a right to a fair trial or
impartial adjudication;
(3) identify a confidential source or disclose
confidential information relating to a criminal
460 MAR , 4 1976
investigation; or
(4) reveal criminal investigative techniques or
procedures, except routine techniques and procedures;
(f) if disclosed would endanger the life or safety of any person;
(g) are inter-agency or intea-agency materials which are not:
(1) statistical or factual tabU1ations or date;
(2) instructions to staff that affect the public ; or
(3) final agency policy or determinations; or
(h) are examination questions or answers which are requested
prior to the final admirfstrati.on of such questions.
Each Town agency shall maintain:
(a) a record of the final vote of each member in every agency
proceeding in which the member votes;
(b) a record setting forth the name, public office address,
title and salary of every officer or employee of the
agency; and
(c ) a resonably detailed current list by subject matter, of
all records in the possession of the agency, whether or
not available under Article 6 of the Public Officers Law.
SECTION 3. Designation of records access officer.
(a) The Town Board does hereby designate the Town Clerk as
records access officer who shall have the duty of coordinating
agency response to public requests for access to records. Such
designation of the records access officer shall not be construed
to prohibit officials who have in the past been authorized to make
records or information available to the public from continuing to
do so .
(b) The records access officer is responsible for assuring
that Town personnel :
(1) Maintain an up-to-date subject matter list:
(2) Assist the requester in dr,ntifying. requested
records, if necessary;
(3) Upon locating the records, take one of the
following actions:
(i) Make records available for inspection; or
(ii) Deny access to the records in whole or in
part and explain in writing the reasons
therefow,
(4) Upon request for copies of records:
(i) Make a copy available upon payment or offer
to pay established fees, if any; or
(ii) Permit the requester to copy those records ;
(5) Upon request, certify that a' record is a true copy; and
(6) Upon failure to locate records, certify that:
(i) The Town agency is not the custodian for such
records ; or
(ii) The records of which the Town agency is a
custodian cannot be found after diligent search.
SECTION 4. Location
Each Town agency shall designate the locations where records
shall be available for public inspection and copying.
SECTION 5. Hours for public inspection.
(a) Each Town agency shall accept requests for public
access to records and produce records during all hours
they are regularly open for business .
(b) In Town agencies which do not have daily regular
business hours, a written procedure shall be established
by which a person may arrange an appointment to inspect
and copy records. Such procedure shall include the
name , position, address and phone number of the party
to be contacted for the purpose of making an appointment.
SECTION 6. Requests for public access to records .
(a) A Town agency may require that a request be made in
writing or may make records available upon oral request.
----continued Page 462
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` 62- w _
(b) A Town agency shall respond to any request reasonably
describing the record or records sought within five business
days of receipt of the request.
(c ) A request shall reasonably describe the record or
records sought . Whenever possible a person requesting
records should supply information regarding dates, file
designations or other information that may help to describe
the records sought.
(d) If the Town agency does not provide or deny access
to the record sought within five business days of receipt
of a request, the agency shall furnish a written acknowledge-
ment of receipt of the request and a statement of the
approximate date when the request will be granted or
denied. If access to records is neither granted nor
denied within ten business days after the date of acknow-
ledgement of receipt of a request, the request may be con-
strued as a denial of access that may be appealed.
SECTION 7 . Subject matter list.
(a) Each Town agency shall maintain a reasonable detailed
current list by subject matter of all records in its
possession, whether or not records are available pursuant
to subdivision two of section eighty-seven of the Public
Officers Law.
(b) The subject matter list shall be sufficiently detailed
to permit identification of the category of the record sought.'
(c) The subject matter list shall be updated not less
than twice per year. The most recent update shall appear
on the first page of the subject matter list.
SECTION 8. Denial of access to records .
(a) The Town Board shall hear appeals or shall designate
a person or body to hear appeals regarding denial of access
to records under the Freedom of Information Law.
(b) Denial of access shall be in writing stating the
reason theref oie and advising the person denied access of
his or her right to appeal to the person or body established
to hear appeals, and that person or body shall be identified
by name, title , business address and business telephone
number. The records access officer shall not be the appeals
officer.
(c) If a Town agency fails to respond to a request within
five business days of receipt of a request as required in
Section 6 (d) hereof, such failure shall be deemed a denial
of access by the agency.
(d) Any person denied access to records may appeal within
thirty days of a denial.
(e) The time for deciding an appeal shall commence upon
receipt of written appeal identifying;
(1) The date and location of a request for records;
(2) the records that were denied; and
(3) the name and return address of the appellant.
(f) The Town Clerk shall transmit to the Committee on
Public Access to Records, copies of all appeals upon receipt
of an appeal. Such copies shall be addressed to:
Committee on Public Access to Records
Department of State
162 Washington Avenue
Albany, New York 12231 .
(g) The Town Board or the person or body designated to
hear appeals shall inform the appellant and the Committee
MAR' i!4 1978 ✓4 6 3
of
on Public Access to Records..'/its determination in writing
within seven business days of receipt of an appeal . ' The',
determination shall be transmitted to the Committee on.
Public Access to Records in the same manner as set forth
in subdivision (f) of this section.
(h) A final denial of access to a requested record, as
provided for in subdivision (g) of this section, shall be
subject to court review, as provided for in Article 78 of
the Civil Practice Law and Rules .
SECTION 9 . Fees
Except when a different fee is otherwise prescribed by law:
(a) There shall be no fee charged for the following:
(1) Inspection of records ;
(2) Search for recorels ; or
(3) Any certification pursuant to these Rules.
(b) A Town agency shall charge a fee for copies of records
as follows:
(1) The fee for copying records shall be 25 cents
per page for photocopies not exceeding 9 x 14 inches .
(2) In Town agencies which do not have photocopying
equipment, a transcript of the requested records
shall be made upon request. Such transcripts may
either be typed or handwritten. In such cases,
the person requesting records may be charged for
the clerical time involved in making the transcript.
(3) The fee for copies of records not covered by
paragraphs (1) and (2) of this subdivision shall
not exceed the actual reproduction cost, which is
the average unit cost for copying a record, ex-
cluding fixed costs of the agency such as operator
salaries.
SECTION 10. Public notice .
Each Town agency shall publicize by posting in a conspicuous
location and/or by publication in a local newspaper of general
circulation:
(a) The location where records shall be made available for
inspection and copying.
(b) The name, title, business address and business telephone
number of the designated records access officer.
(c) The right to appeal by any person denied access to a
record and the name and business address of the person or
body to shom an appeal is to be directed.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Deputy. Supervisor Homan, Justice Doyen, Justice Suter. Absent:
Supervisor Martocchia.
This resolution was declared adopted.
On motion of Justice Suter, seconded by Councilman Drum, it was
RESOLVED that application of Florence Steiner dated February 16, 1978
for a renewal of a s#le trailer on private road (John' s Road) off
east side Main Road, Mattituck, New York, be and hereby is renewed
for a period of six months.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Deputy Supervisor Homan, Justice Doyen, Justice Suter? Absent:
Supervisor Martocchia.
This resolution was declared adopted.
(Deputy Supervisor Homan explained the nature of the next item on
the agenda, application of Martin Sidor for a trailer permit.---
The Board feels this application has merit as it is for a program
sponsored by the National 4aH Council whereby people from Poland
and Yugoslavia come to the United States and work on farms; it is
a type of cultural exchange . )
On motion of Councilman Drum, seconded by Justice Suter, it was
RESOLVED that the application of Martin Sidor for the location of
a trailer on his premises located on the south side of Oregon Road,
4+64 J MAR 1 4 1978
Mattituck, New York, be and the same hereby is granted for a period
of six months subject to the following conditions:
1. That the same be used only ,f or the housing of not more than
two trainees under the National 4-H Agricultural Trainee Program, and
2. That the trailer be removed from the premises at the ter-
mination of the 4-H program.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Deputy Supervisor Homan, Justice Doyen, Justice Suter. Absent:
Supervisor Martocchia.
This resolution was declared adopted.
Deputy Supervisor Homan:
16. Receipt of a wetland application #33 from Frank A. and
Margaret E . Rosenberg. When recommendations have been received from
the Board of Town Trustees and Conservation Advisory Council, a date
for a public hearing will be scheduled.
On motion of Justice Doyen, seconded by Councilman Pell, it was
RESOLVED that the Town Board of the Town of Southold approves the
action of the Fishers Island Ferry District in awarding Whaling City
Dock and Dredge Corporation the contract for the reconstruction of the
docking facilities at Fishers Island Ferry District Pier in New London,
Connecticut at $38,900.00.
Vote of the Town Board: Ayes : Councilman Pell, Councilman. Drum,
Deputy Supervisor Homan, Justice Doyen, Justice Suter. Absent:
Supervisor Martocchia.
This resolution was declared adopted.
Deputy Supervisor Homan:
17. Two bids were received for the Town Clerk Building, one
from Southold Equities Corp. in the amount of $8,117.00 and one
from Arline Marvin in the amount of $3, 551.00. Inasmuch as yesterday
word was received from the architect that the building is listed with
the State Historical Agency there may be title change requirements
which may benecessary to include in the bid, and they may have to
ask the bidders to accept them. Also, the bidders have both placed.
conditions on their bids . Consequently upon advice of the Town
Attorney the bids are being held in abeyance until further infor-
mation is received.
On motion of Justice Suter, seconded by Councilman Drum, it was
RESOLVED that the bid of J.J. Hart, Inc . , Riverhead, New York,
the low bidder, be and hereby is awarded the bid for the Dog Warden
Truck, a 1978 F-100 one-half ton pickup truck at $4,174.65, which
includes the trade-in of one 1973 one-half ton pick-up truck
presently used by the Town Dog Wardens less special equipment, all
as set forth in the specifications, all in accordance with the
Notice to Bidders, Specifications and Proposal.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Deputy Supervisor Homan, Justice Doyen, Justice Suter. Absent:
Supervisor Martocchia.
This resolution was declared adopted.
(One other bid was received fcr the Dog Warden Truck from Greenport
Ford Mercury at $4,330.00. )
(Three bids were received for the Southold Police Department Marine
Unit: J.J. Hart ' s - $5,969.77• Greenport Ford Mercury - $6,029.29;
Herb Obser Motors, Inc . - $6jl, .00. )
On motion of Councilman Pell, seconded by Justice Doyen, it was
RESOLVED that the bid of J.J. Hart, Inc . , Riverhead, New York, the
low bidder, be and hereby is awarded the bid for the Southold Police
Department Marine Unit, a 1978 F-250 pickup truck all in accordance
with the notice to Bidders, Specifications and Proposal at the bid
price of w5,969.77•
Vote of the Town Board: Ayes : Councilman Pell, Councilman Drum,
Deputy Supervisor Homan, Justice Doyen, Justice Suter, Absent:
Supervisor Martocchia.
This resolution was declared adopted.
(Four bids were received for the Highway Superintendent ' s car:
Greenport Ford Mercury, Inc . $4557.00; Mullen Motors, Inc . -
95, 520.00; Wells Pontiac-Cadillac , Inc . - $5,400.00; and Volinski
0lds, Inc . - $5,252.95• )
On motion of Councilman Drum, seconded by Justice, Suter, it was
j �A 65
MAR 14 1978
(Councilman Pell asked if all the options were being taken for the
Highway Superintendent ' s Car?--- Deputy Supervisor Homan stated there
were no options.---Mr. Pell asked what is on the car?---Deputy Super-
visor Homan stated they went over the bids this morning and Mr. Pell
could look at them if he has a question.---Mr . Pell stated that last
month the Board turned the police department down when they asked
for air conditioning, and now they are taking another car with air-
conditioning, are they setting a precedent?---Deputy Supervisor
Homan stated he does not know if they are setting a precedent, he
only knows they do not have enough money in the budget for air-
conditioning in the police cars at this time . He can only assume
that if the Highway Superintendent put air-conditioning in his
specifications that he does have money in his budget. )
RESOLVED that the bid of Greenport Ford Mercury, the low bidder~°,
be and hereby is awarded the bid for a new 1978 four-door sedan
for the Highway Superintendent at $4, 557.00 including trade-in of
a 1974 Pontiac Bonneville, 4 door hardtop sedan all in accordance
with the notice to bidders, specifications and proposal.
Vote of the Town Board: No: Councilman Pell. Ayes: Councilman
Drum, Deputy Supervisor Homan, Justice Doyen, Justice Suter.
Absent: Supervisor Martocchia.
This resolution was declared adopted.
(Deputy Supervisor Homan stated he is asking the Board to reject
the bids for tires and tubes for the Highway Department, the
specifications were improperly drawn, the bids as submitted by some of
the bidders were improper as some bidders left out some of the items. )
On motion of Councilman Drum, seconded by Justice Doyen, it was
RESOLVED that the Highway Department bids for tires and tubes
be and hereby are rejected, and the Highway Superintendent is
hereby authorized to draw new specifications for tires and tubes in a
more definitive manner and readvertise for bids .
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Deputy Supervisor Homan, Justice Doyen, Justice Suter. Absent:
Supervisor Martocchia.
This resolution was declared adopted.
(Three bids were received for the 12 passenger van, being funded
by the County, for Senior Citizens : J.J. Hart ' s - $7, 561.34;
Greenport Ford Mercury - $7,489.99; Mullen Motors, Inc . - $77431.15. )
On motion of Councilman Pell, seconded by Justice Suter, it was
RESOLVED that the low bid of Mullen Motors, Inc . , Southold, New York
be and hereby is awarded the bid for the 12 passenger van, all in
accordance with Notice to Bidders, Specifications and Proposal
at a bid price of $7,431.15.
Vote of the Town Board: Councilman Pell, Councilman Drum, Deputy
Supervisor Homan, Justice Doyen, Justice Suter. Absent: . Supervisor
Martocchia.
This resolution was declared adopted.
On motion of Justice Doyen, seconded by Justice Suter, it was
RESOLVED that Deputy Supervisor James Homan be and he hereby is
authorized to sign an agreement on behalf of the Town of Southold
with the New York State Department of Environmental Conservation
for the undertaking of a shellfish seeding program in a sum not to
exceed $3,000.00; which sum will be reimbursed to the Town of Southold
by the New York Department of Environmental Conservation at the
conclusion of the program.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Deputy Supervisor Homan, Justice Doyen, Justice Suter. Absent:
Supervisor Martocchia.
This resolution was declared adopted.
On motion of Councilman_ Drum, seconded by Justice Suter,
U=REAS, the New York State Department of Transportation
has proposed a Rail-Highway Crossing Program Project, pursuant to
Section 203 of the Federal Safety Act of 1973 as amended by Section
203 of the Federal Highway Safety Act of 1976 and
WHEREAS, the New York State Department of Transportation has
notified this Board of the approval of plans and specifications for
V 6 ✓ MAR 1 1978
such a Rail-Highway Crossing Program Project, for the Rail-Highway
Crossing which are under the jurisdiction of the municipality, and
which project is more completely described as Railroad-Highway
Crossing Program Signing-Pavement Marking Project covered under
PIN S930,00(O E) , and
WHEREAS, the New York State Department of Transportation has
made known its intention to advertise a contract for the above-described
improvement and has requested an agreement from the Board to the effect
that it will permit the State , its agents and employees to enter upon
the. highways, roads and/or streets under the jurisdiction of the
municipality for the purpose of performing the above-described
improvement.
NOW, THEREFORE, BE IT RESOLVED: That the TOWN BOARD of the
TOWN OF SOUTHOLD duly convened in legal session held on the 14th day
of March, 1978, does hereby approve of the above-described improvement
to be performed on the highways, roads and/or streets of this muni-
cipality and does hereby agree with the State Department of Transpor-
tation that the authorities will permit the State, its agents and
employees to enter upon the highways, roads and/or streets of the
municipality for the purposes of carrying out the above-described
Rail-Highway Crossing Program Project, and IT IS FURTHER
RESOLVED: That the TOWN BOARD of this municipality does
hereby agree with the State Department of Transportation that the
municipality shall retain jurisdiction over the highways, roads and/or
streets within the project area and hold harmless the State of New York
for any damage to the property or persons of others due to the per-
formance of any of the employees or agents of the municipality, and
IT IS FURTHER
RESOLVED: That uponr:completion of the above-described Rail-
Highway Crossing Program Project, the Municipality will maintain the
improvement and the highways, roads and/or streets so improved in
accordance with the New York State Highway Law and the Federal Highway
Safety Acts of 1973 and 1976 and Federal Standards and criteria in
connection with such project.
RESOLVED: That for the Rail-Highway Crossing Program Project,
the municipality agrees to schedule any highway resurfacing so that it
will not obliterate newly painted markings, except as necessitated
by emergency situations whereby resufacing is essential to maintaining
proper traffic operations, IT IS FURTHER
RESOLVED: That the Clerk of this Board is hereby directed, within
ten days after the adoption of this resolution, to transmit five (5)
certified copies of the foregoing resolution to the New York State
Department of Transportation.
Vote of the Town Board: Ayes: Councilman Pell, Councilman
Drum, Deputy Supervisor Homan, Justice Doyen, Justice Suter.
Absent: Supervisor Martocchia.
This resolution was declared adopted.
Deputy Supervisor Homan:
18. Receipt of a letter from Oyste'rponds Union Free School
District, Orient, stating that the Town has, in the past, called
upon them as to the availability of the school for shelter for those
who have been evacuated from their homes, and they have always been
willing to act in that capacity. They are now considering the
purchase of a larger electrical generator, and have been informed
that if they are designated as a shelter they can apply for partial
funding of the project by the Federal Government . They ask for a
letter to this effect.
On motion of Justice Suter, seconded by Councilman Pell, it was
RESOLVED that a letter be forwarded to Oysterponds Union Free
School District designating them as an emergency shelter.
Vote of the Town Board: Ayes : Councilman Pell, Councilman Drum,
Deputy Supervisor Homan, Justice Doyen, Justice Suter. Absent:
Supervisor Martocchia.
This resolution was declared adopted.
Deputy Supervisor Homan:
19. Receipt of a letter from the Suffolk County Department
of Public Works relative to the construction project of launching
--467
MAR 14 1979
ramp for trailered vessels at the Eastern Shores, proximate to Inlet
Point County Park, in the community of Stirling. The County is pre-
paring engineering plans and environmental impact statement for the
construction of this launching ramp, and request comments of the Town
of Southold on this proposal.-- 'A letter will be sent to the Suffolk
County Department of Public Works informing them that the Town of
Southold has no objection to the project, providing the County main-
tains it and supervises it upon completion.
On motion of Justice Doyen, seconded by Justice Suter, it was
RESOLVED that the Boardof Commissioners of the Fishers Island 'Ferry
District be and hereby are granted permission to advertise for bids
forbauling and necessary repairs to the motor vessel Olinda as per
specifications, and that advertising be included in the official
and alternate newspapers in the Town of Southold.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Deputy Supervisor Homan, Justice Doyen, Justice Suter. Absent:
Supervisor Martocchia.
This resolution was declared adopted.
On motion of Justice Suter, seconded by Councilman Drum, it was
RESOLVED that $1853 .74 be and hereby is transferred from Item 4720
Antirec . PW Title II to A9040.4 Workmen' s Compensation; and
$1729.5a be and hereby is transferred from Item 4720-Antirec . PW
Title II to Highway Workmen' s Compensation.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Deputy Supervisor Homan, Justice Doyen, Justice Suter. Absent:
Supervisor Martocchia.
This resolution was declared duly adopted.
(Deputy Supervisor Homan explained that the aforementioned resolution
was necessary due to the new bill received from the Workmen.' s Compen-
sation people . )
Moved by Justice Suter, seconded by Councilman Drum,
WHEREAS the Southold Town Planning Board and Suffolk County Depart-
ment of Planning have prepared official reports and recommendations
on the application of North Fork Manor, Inc . for a change of zone
. from "A" Residential and Agricultural District to "B" Light Business
District on certain property situated in Mattituck, New York, and
more particularly bounded and described as follows: BEINNING AT A
point on the northerly side of Sound Avenue where same is inter-
sected by the westerly side of land now or formerly of Long Island
Lighting Co. and running thence along the northerly side of Sound
Avenue , the following: (1) North 850 03 ' 20" West, 180.80 feet;
(2) North 79° 56' West, 108.88 feet; (3) Northwesterly along a
curve bearing to the right and having a radius of 667.98 feet, a
distance of 135.60 feet; (4) Northwesterly along a curve which bears
to the right and has a radius of 390.0 feet, a distance of 134.34 feet;
thence along a curve which connects the northerly side of Sound Avenue
with the southerly side of Middle Road, northerly and northeasterly
along a curve which bears to the right and has a radius of 40.0 feet,
a distance of 83 .68 feet; thence along the southerly side of Middle
Road, the following: (1) Easterly along a curve which bears to the right
and has a radius of 2908.79 feet, a distance of 287.69 feet ; (2)
easterly along a curve which bears to the right and has a radius of
2820.79 feet, a distance of 109.39 feet ; thence along land now or
formerly of Joseph Gilles, South 350 38' 50" East, a distance of
468
169.94 feet, thence along land now or formerly of Long Island Lighting
Co. , the following: (1) South 540 44' West 100.0 feet; (2) South
350 16' East, 183.72 feet tothe northerly side of Sound Avenue at the
point- or place of BegLnning. Containing about 22 acres .
NOW, THEREFORE , BE IT RESOLVED that a public hearing will be held
by the Southold Town Board at 7:30 P.M. , Tuesday, April 11, 1978
at the Southold Town Hall, Main Road, Southold, New York on the
aforementioned petition, at which time any person desiring to be
heard on the above proposed petition should appear at the time and
place above so specified, and be it further
RESOLVED that the Town Clerk be and she hereby is authorized and
directed to cause notice of said hearing to be published in the
official newspaper pursuant to the requirements of law.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Deputy Supervisor Homan, Justice Doyen, Justice Suter. Absent:
Supervisor Martocchia.
This resolution was declared duly adopted.
On motion of Councilman Pell, seconded by Justice Doyen,
WHEREAS the Southold Town Planning Board and Suffolk County Depart-
ment of Planning have prepared official reports and recommendations
on the application of Nicholas Aliano and Patricia Krupski .for a
change of zone from "A" Residential and Agricultural District to
"M-1" General Multiple Residence District on certain property situ-
ated at Cutchogue , New York, and more particularly bounded and
described as follows:
BEGINNING at a monument at the intersection of the easterly line
of Duck Pond Road and the southerly line of Duck Pond Road which
monument is distant North 2911 50' 50" East 213.08 feet from the
northwesterly corner of lands of N. Aliano; thence from said point
of beinning running North 520 31110" East partly through lands of
N. Aliano and Patricia Krupski to lands of R. Hammel; thence along
said lands of R. Hammel and J. Zuhoski the following two (2) courses
and distances: (1) South 45° 52'40" East 39.06 feet; and (2) South
460 17' 501' East 367.21 feet; thence from said point running along lands
of Aliano et ano. South 430 42110" West 956.44 feet to lands of Fell-
inger-Thar; thence along said last mentioned lands North 420 O1' 40"
West 465.90 feet to the southerly side of Duck Pond Road; thence along
the southerly side of Duck Pond Road North 290 50' 5" East 213.08 feet
to the monument at the point or place of Beginning.
NOW, THEREFORE, BE IT RESOLVED that a public hearing will be hald
by the Southold Town Board at 8:00 P.M. , Tuesday, April 11, 1978 at
the Southold Town Hall, Main Road, Southold, New York, on the afore-
mentioned petition, at which time any person desiring to be heard
on the above proposed petition should appear at the time and place
above so specified, and be it further
RESOLVED that the Town Clerk be and she hereby is authorized and
directed to cause notice of said hearing to be published in the official
newspaper pursuant to the requirements by law.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Deputy Supervisor Homan, Justice Doyen, Justice Suter. Absent:
Supervisor Martocchia.
This resolution was declared adopted.
On motion of Justice Suter, seconded by Councilman Drum, it was
RESOLVED that the Town Board of the Town of Southold approves the
amount of i.95,000. as bond estimate for roads and improvements in
�---46.9.
MAR "1 '1978
the subdivision known as "Centennial Manor, Section One" owned by
Luglio and others, as recommended by the Southold Town Planning
Board and Lawrence M. Tuthill, P.E.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Deputy Supervisor Homan, Justice Doyen, Justice Suter. Absent:
Supervisor Martocchia.
This resolution was declared adopted.
On motion of Justice Suter, seconded by Councilman Drum, it was
RESOLVED that the application dated March 13, 1978 of Isadore Krupski
for a single family trailer to be located on the north side Main Road,
approximately 1000 ft. east of Bay Avenue, Peconic , be and hereby
is approved for a period of six months .
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Deputy Supervisor Homan, Justice Doyen, Justice Suter. Absent:
Supervisor Martocchia.
This resolution was declared adopted.
On motion of Justice Suter, seconded by Justice Doyen,
WHEREAS THE KNIGHTS OF COLUTIBUS, Marian Council9: Cutchogue , New York
has applied to the Town Clerk for a Bingo License, and
WHEREAS the Town Board has examined the application, and after
investigation, duly made findings and determinations as required
by law,
NOW, THEREFORE, BE IT RESOLVED that the Deputy Supervisor be and he
hereby is authorized and directed to execute on behalf of the Town
Board of the Town of Southold the findings and determinations as
required by law, and it is further
RESOLVED that the Town Clerk be and she hereby is directed to issue
a Bingo License to the Knights of Columbus , Marian Council, Cutchogue ,
New York.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Deputy Supervisor Homan, Justice Doyen, Justice Suter. Absent:
Supervisor Martocchia.
This resolution was declared adopted.
On motion of Justice Suter, seconded by Justice Doyen, it was
RESOLVED that Deputy Supervisor Homan be and he hereby is authorized
to enter into an agreement with Briarcliff Landscape, Inc . , Cutchogue,
New York for their Lawn and Shrub Program for the Southold Town
Police Department grounds.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Deputy Supervisor Homan, Justice Doyen, Justice Suter. Absent:
Supervisor Martocchia.
This resolution was declared adopted.
On motion of Councilman Drum, seconded by Justice Suter, it was
RESOLVED that the Town Clerk be and she hereby is appointed Issuing
Agent for the issuance of Handicapped Parking Permits to eligible
local residents who apply for them.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Deputy Supervisor Homan, Justice Doyen, Justice Suter. Absent:
Supervisor Martocchia.
This resolution was declared adopted.
(Deputy Supervisor Homan explained that the foregoing resolutions
was adopted in accordance with Chapter 838 of the Laws of 1977 which
requires the Department of Motor Vehicles to design and distribute
Handicapped Parking Permits to all cities, town and villages of
the State. Even though Southold Town does not presently have
handicapped parking area, the Town must issue permits to local
residents who meet whatever eligibility requirements are set up, so
that they may utilize the permits elsewhere in the State . )
Moved by Justice Suter, seconded by Justice Doyen,
41IILREAS a proposed Local Law No. 1 - 1978 was introduced at a
meeting of this board held on the loth day of January, 1978, and
WHEREAS a public hearing was held thereon by the Board on the 7th
day of February, 1978, at which time all interested persons were
given an opportunity to be heard thereon.
NOW, THEREFORE, BE IT RESOLVED that Local Law No. 1 - 1978 be enacted
as follows:
Local Law No. 1 - 1978
A Local Law in relation to Electricl Inspections
and the Use of Aluminum Wire
470 ✓ MA 1978
The Code of the Town of Southold is hereby amended by adding a new
Chapter thereto, to be Chapter 43, to read as follows:
Section 43-1. ADMINISTRATION. This Local Law shall be administered
and conducted under the supervision of the Building Department of the
Town of Southold. The Town' s Building Inspectors, however, shall at
no- time be required to conduct electrical inspections nor perform any
of the duties hereinafter assigned to electrical inspectors .
Section 43-2. ELECTRICAL INSPECTOR. The Chief Inspector and each
of the duly appointed inspectors of the New York Board of Fire Under-
writers are hereby designated as Electrical Inspectors of the Town of
Southold and are authorized and deputized as agents of the Town of
Southold to make inspections and reinspections of all electricdl
installations heretofore and hereafter described, and to approve or
disapprove the same . In no event, however, will the cost or expense of
such inspections and reinspections be a charge against the Town of
Southold.
Section 43-3 . DUTIES OF THE ELECTRICAL INSPECTOR. It shall be the
duty of the electrical inspector to report in writing to the Building
Inspectors whose duty it shall be to enforce all provisions of this Local
Law, all violations, or deviations from, or omissions of the electrical
provisions of the Building Code applicable to the Town of Southold
and of all local laws, ordinances, and the Building Code as referred
to in this Local Law insofar as any of the same apply to electrical
wiring. The inspector shall make inspections and reinspections of elec-
trical installations in and on properties in the Town of Southold upon
the written request of a Building Inspector of the Town of Southold
or as herein provided. The inspector is authorized to make inspections
and reinspections leading to the assurance of certificate of compliance
of the New York Board of Fire Underwriters of electrical wiring, in-
in
stallations, devices , applicances and equipment,/or on properties
within the Town of Southold where a building permit has been issued
by the Building Department of the Town of Southold or where a property
owner or electrical contractor requests such an inspection. Applications
for such inspections are to be made directly to the New York Board of
Fire Underw-owt-tens . In addition, application for a temporary certificate
must be made directly to the New York Board_ of Fire Underwriters wherever
there is a change in electrical service . In the event of an emergency
it is the duty of the inspector to make electrical inspections upon the
oral request of an official or officer of the Town of Southold.
t. MAR ;1'4 1918 ✓4 71
It shall be the duty of the inspector to furnish written reprorts
to the proper officials of the Town of Southold and owners and/or
lessees of property where defective electrical installation and equip-
ment are found upon inspection. He shall authorize the issuing of a
certificate of compliance when electrical installations and equipment
are in conformity with this Local Law. He shall direct that a copy
of the certificate of compliance be sent to the Town of Southold to the
attention of the Building Inspector. No certificate of occupancy may
be issued by the Building Department until receipt of a copy of said
certificate of compliance has been received.
Section 43-4. MATERIAL RESTRICTIONS .
(a) The use of aluminum wire or wire utilizing aluminum in
combination with other materials where the principal metallic com-
ponent of such wire is aluminum, e.g. , nickel clad, copper clad, etc . ,
American wire gauge No. 4, and smaller is prohibited in any building
and/or residence hereafter constructed within the Town of Southold.
This restriction shall include alterations to existing buildings
and residences and replacement or repair of existing electrical service .
(b) Aluminum wire or wire utilizing aluminum in combination with
other materials where the principal metallic component of such wire is
aluminum, e .g. , nickel clad, copper clad, etc . , American wire gauge
No. 2 and larger, may be used in buildings and/or residences only when
termination- and splicing of such wire is by UL approved compression
connectors .
Section 43-5. PENALTIES . Any person who violates any provision
of this Local Law shall be guilty of a violation and shall upon con-
viction, be subject to a fine of not more than two Hundred fifty (V50)
dollars , or by imprisonment for not more than fifteen days (15) , or
by both such fine and imprisonment for each offense .
Section 43-6. VALIDITY. Should any section or provision of this
Local Law be decided by the courts to be unconstitutional or invalid,
such decision shall not affect the validity of the Local Law as a whole
or any part thereof other than the part so decided to be unconstitutional
or invalid.
Section 43-7. Effective Date . This Local Law shall take effect
immediately.
Vote of the Town Board: Ayes: Councilman Pell, Councilman
Drum, Deputy Supervisor Homan, Justice Doyen, Justice SuteD Absent:
Supervisor Martocchia.
This resolution was declared adopted.
47 2 V }LIAR:: I,,
On motion of the Councilman Pell, seconded by Justice Doyen, it was
RESOLVED that the following audited bills be and hereby are ordered
Ka id: General Fund Wholb Town-$43,423.59; General Fund Part Town-
24,473.42; Fishers Island Ferry District-a34,472.46; Federal
Revenue Shar ing-$288.53 ; Highway Department-$41, 529.17.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum, -.'
Deputy Supervisor Homan, Justice Doyen, Justice Suter. Absent:
Supervisor Martocchia.
This resolution was declared adopted.
Mrs.: Barbara Schriever, Orient, inquired about letters sent to the
Town Board, Highway Superintendent and Planning Board regarding a
meeting of Highway Committee of the Board having to do with certain
drainage and other requirements with roads., and other letter to do
with the cluster concept subdivision on the east side of Tabor Road
owned by the Schrievers .---Deputy Supervisor Homan stated that when
they complete this meeting they are going to review that cluster and
another cluster they have before them.
Mrs. Gladys Csajko, Greenport, asked if they were going to appoint
a Trustee?---Deputy Supervisor Homan stated, no, they have had
approximately seven resumes , he has talked to the Board of Trustees
and they have assured him they are able to function at present with
the people they have ; though not necessarily out of respect to Mr.
Hataier, they think this could go another meeting or so, since some
members of the Board have just picked up their resumes. recently due
to vacations or illness or whatever. The Board is not going to act
on the Trustee appointment this meeting nor .probably the meeting
thereafter.---
Mr. John Bednosky, Peconic , stated he just walked in and heard they
were not going to act on the Trustee appointment, when are they ,
going to do that?---Deputy Supervisor Homan stated at the next meeting
or April llth meeting, and repeated the reasoning he gave Mrs. Csajko..
---Mr, Bednosky stated there has not been a full Board of Trustees
in six months.-- Deputy Supervisor Homan . stated they were still, going
to wait.
On motion of Justice Suter, seconded by Councilman Drum, it was
RESOLVED that there being no further business to come 'before this
Town Board meeting adjournment be called at 3: 50 P.M.
(Deputy Supervisor Homan expressed his appreciation t.o Councilman
Pell for coming to the meeting today inasmuch as he was just released
from the hospital yesterclay, and it is good to see him back on his
feet. )
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Deputy Supervisor Homan, Justice Doyen, Justice Suter. Absent:
Supervisor Martocchia.
This resolution was declared adopted.
To Judith T . Terry, Clerk